Yeshiva
Beit Midrash
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- P'ninat Mishpat
Ruling: Proceeds of rent: Since the court ruling had been to void the sale based on a crucial breach, pl deserves to have received the rent. Def had told the court that he received 2,000 NIS for most of the time of the rental and had not given it to pl because it went toward paying for the renovations. Def claims to never having admitted receiving 60,000 NIS, but just providing the basic framework. In fact, def claims that some of the renters did not pay and that they had to pay for repairs between renters. However, neither pl nor even def has a record of how much was received.
In a case in which both sides agree to an obligation and neither knows the amount, the Shulchan Aruch (Choshen Mishpat 75:18) has two opinions as to whether the defendant is totally exempt from the difference between the highest and lowest possible amounts or there is a moral obligation to work out a compromise. The Shach (ad loc. 67) follows the opinion of exemption. However, one of the reasons given for the exemption is that just as the defendant is at fault for not knowing how much he owes, so is the plaintiff at fault for not knowing how much he deserves. In this case, since pl had no way of knowing how much def received from renters, we will employ a mechanism of compromise (the calculation came out to 56,550 NIS). Def does not have a right to subtract from this amount for upkeep, because he was not acting with the authorization of the homeowner (see Ketubot 79b). We will discuss separately charges for improving the unit.
We will continue with other elements of the dispute next time.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
730 - Claims on the Return of a Rental Apartment
731 - Repercussions of a Sale that Turned Out Not Happening – part I
732 - Repercussions of a Sale That Turned Out Not Happening – part II
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
